Full Text of SB1876 94th General Assembly
SB1876enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Department of Professional Regulation Law of | 5 |
| the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Section 2105-75 as follows:
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| (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
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| Sec. 2105-75. Design professionals designated
employees. | 9 |
| There are
established within the Department certain design | 10 |
| professionals designated
employees. These employees shall be | 11 |
| devoted
primarily to the administration and enforcement of the | 12 |
| Illinois
Architecture Practice Act, the Illinois Professional | 13 |
| Land Surveyor Act of
1989, the Professional Engineering | 14 |
| Practice Act of 1989, and the Structural
Engineering Practice | 15 |
| Act of 1989. The design professionals designated
employees that | 16 |
| the Director shall employ, in conformity with the Personnel
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| Code, shall include but not be limited to one full-time Design | 18 |
| Licensing Manager,
one full-time Assistant Licensing Manager, | 19 |
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4 full-time licensing clerks, one
full-time attorney, and 3
2
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| full-time investigators. These employees shall
work primarily | 21 |
| in the licensing and enforcement of the design profession
Acts | 22 |
| set forth in this Section and may be used, when available, for | 23 |
| other duties in the Department subject to the authorization of | 24 |
| the Department.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
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| Section 10. The Illinois Architecture Practice Act of 1989 | 27 |
| is amended by changing Sections 13, 20, 22, and 23.5 as | 28 |
| follows:
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| (225 ILCS 305/13) (from Ch. 111, par. 1313)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 13. Qualifications of applicants. Any person who is of | 2 |
| good
moral character may take an examination for licensure if | 3 |
| he
or she
is
a graduate with a first professional degree in | 4 |
| architecture from a program
accredited by the National | 5 |
| Architectural Accrediting Board and has
completed such | 6 |
| diversified professional training, including academic
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| training, as is required by rules of the Department. Until | 8 |
| January 1, 2014
2010 , in lieu of the
requirement of graduation | 9 |
| with a first professional degree in architecture
from a program | 10 |
| accredited by the National Architectural Accrediting Board,
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| the Department may admit an applicant who is a graduate with a
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| pre-professional 4 year baccalaureate degree accepted for | 13 |
| direct entry into
a first professional master of architecture | 14 |
| degree program, and who has
completed such additional | 15 |
| diversified professional training, including
academic | 16 |
| training, as is required by rules of the Department. The
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| Department may adopt, as its own rules relating to diversified | 18 |
| professional
training, those guidelines published from time to | 19 |
| time by the National
Council of Architectural Registration | 20 |
| Boards.
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| Good moral character means such character as will enable a | 22 |
| person to
discharge the fiduciary duties of an architect to | 23 |
| that person's client and
to the public in a manner which | 24 |
| protects health, safety and welfare. Evidence
of inability to | 25 |
| discharge such duties may include the commission of an
offense | 26 |
| justifying discipline under Section 19. In addition, the
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| Department may take into consideration whether the applicant | 28 |
| has engaged in
conduct or actions that would constitute grounds | 29 |
| for discipline under this
Act.
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| (Source: P.A. 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/20) (from Ch. 111, par. 1320)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 20. Roster of licensees and registrants. A roster | 34 |
| showing the
names and addresses of all architects, | 35 |
| architectural corporations and
partnerships and professional |
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| design firms licensed or registered under
this Act shall be | 2 |
| prepared by the Department each year. This roster shall be
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| organized by discipline and available by discipline upon | 4 |
| written request and payment of the required fee.
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| (Source: P.A. 88-428.)
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| (225 ILCS 305/22) (from Ch. 111, par. 1322)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 22. Refusal, suspension and revocation of licenses; | 9 |
| Causes.
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| (a) The Department may, singularly or in combination, | 11 |
| refuse to issue,
renew or restore, or may suspend or
revoke any | 12 |
| license or registration, or may place on probation, reprimand,
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| or fine, with a civil penalty not to exceed $10,000 for each | 14 |
| violation, any
person, corporation, or partnership, or | 15 |
| professional design firm licensed or
registered under this Act | 16 |
| for any of the following reasons:
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| (1) material misstatement in furnishing information to | 18 |
| the Department;
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| (2) negligence, incompetence or misconduct in the | 20 |
| practice of
architecture;
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| (3) failure to comply with any of the provisions of | 22 |
| this Act or any of the
rules;
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| (4) making any misrepresentation for the purpose of | 24 |
| obtaining licensure;
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| (5) purposefully making false statements or signing | 26 |
| false statements,
certificates or affidavits to induce | 27 |
| payment;
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| (6) conviction of any crime under the laws of the | 29 |
| United States, or any
state or territory thereof, which is | 30 |
| a felony, whether related to the
practice of architecture | 31 |
| or not; or conviction of any crime, whether a
felony, | 32 |
| misdemeanor, or otherwise, an essential element of which is
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| dishonesty, wanton disregard for the rights of others, or | 34 |
| which is directly
related to the practice of architecture;
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| (7) aiding or assisting another person in violating any |
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| provision of
this Act or its rules;
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| (8) signing, affixing the licensed architect's seal or | 3 |
| permitting the
architect's seal to be affixed to any | 4 |
| construction documents not prepared
by the architect or | 5 |
| under that architect's direct supervision and control;
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| (9) engaging in dishonorable, unethical or | 7 |
| unprofessional conduct of a
character likely to deceive, | 8 |
| defraud or harm the public;
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| (10) habitual intoxication or addiction to the use of | 10 |
| drugs;
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| (11) making a statement of compliance pursuant to the | 12 |
| Environmental
Barriers Act that construction documents | 13 |
| prepared by the Licensed Architect or
prepared under the | 14 |
| licensed architect's direct supervision and control for
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| construction or alteration of an occupancy required to be | 16 |
| in compliance with
the Environmental Barriers Act are in | 17 |
| compliance with the Environmental
Barriers Act when such | 18 |
| construction documents are not in compliance;
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| (12) a finding by the Board that an applicant or | 20 |
| registrant
has failed to pay a fine imposed by the | 21 |
| Department or a
registrant, whose license has been
placed | 22 |
| on probationary status, has violated the terms of | 23 |
| probation;
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| (13) discipline by another state, territory, foreign | 25 |
| country, the
District of Columbia, the United States | 26 |
| government, or any other
governmental agency, if at least | 27 |
| one of the grounds for discipline is the
same or | 28 |
| substantially equivalent to those set forth herein;
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| (14) failure to provide information in response to a | 30 |
| written request
made by the Department within 30 days after | 31 |
| the receipt of such written
request;
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| (15) physical illness, including, but not limited to, | 33 |
| deterioration
through the aging process or loss of motor | 34 |
| skill which results in the
inability to practice the | 35 |
| profession with reasonable judgment, skill or safety.
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| (a-5) In enforcing this Section, the Board upon a showing |
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| of a possible
violation may request that the Department compel | 2 |
| a person licensed to practice under this Act, or who has
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| applied for licensure or certification pursuant to this Act, to | 4 |
| submit to a
mental or physical examination, or both, as | 5 |
| required by and at the expense of
the Department. The examining | 6 |
| physicians shall be those specifically
designated
by the | 7 |
| Department
Board . The Board or the Department may order the | 8 |
| examining physician to
present testimony concerning this | 9 |
| mental or physical examination of the
licensee or applicant. No | 10 |
| information shall be excluded by reason of any
common law or | 11 |
| statutory privilege relating to communications between the
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| licensee or applicant and the examining physician. The person | 13 |
| to be examined
may have, at his or her own expense, another | 14 |
| physician of his or her choice
present during all aspects of | 15 |
| the examination. Failure of any person to submit
to a mental or | 16 |
| physical examination, when directed, shall be grounds for
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| suspension of a license until the person submits to the | 18 |
| examination if the
Department
Board finds, after notice and | 19 |
| hearing, that the refusal to submit to the
examination was | 20 |
| without reasonable cause.
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| If the Board finds a person unable to practice because of | 22 |
| the reasons set
forth in this Section, the Board may recommend | 23 |
| that the Department require that person to submit to care,
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| counseling, or treatment by physicians approved or designated | 25 |
| by the Department
Board as
a condition, term, or restriction | 26 |
| for continued, reinstated, or renewed
licensure to practice; | 27 |
| or, in lieu of care, counseling, or treatment, the Board
may | 28 |
| recommend to the Department to file a complaint to immediately | 29 |
| suspend,
revoke or otherwise discipline the license of the | 30 |
| person. Any person whose
license was granted, continued, | 31 |
| reinstated, renewed, disciplined, or supervised
subject to | 32 |
| such terms, conditions, or restrictions and who fails to comply | 33 |
| with
such terms, conditions, or restrictions shall be referred | 34 |
| to the Director for
a determination as to whether the person | 35 |
| shall have his or her license
suspended immediately, pending a | 36 |
| hearing by the Board.
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| (b) The determination by a circuit court that a licensee is | 2 |
| subject to
involuntary admission or judicial admission, as | 3 |
| provided in the Mental
Health and Developmental Disabilities | 4 |
| Code, operates as an automatic
suspension. Such suspension will | 5 |
| end only upon a finding by a court that
the patient is no | 6 |
| longer subject to involuntary admission or judicial
admission, | 7 |
| the issuance of an order so finding and discharging the | 8 |
| patient, and
the recommendation of the Board to the Director | 9 |
| that the licensee be
allowed to resume practice.
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| The Department may refuse to issue or may suspend the | 11 |
| license of any
person who fails to file a return, or to pay the | 12 |
| tax, penalty or interest
shown in a filed return, or to pay any | 13 |
| final assessment of tax, penalty or
interest, as required by | 14 |
| any tax Act administered by the Illinois
Department of Revenue, | 15 |
| until such time as the requirements of any such tax
Act are | 16 |
| satisfied.
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| Persons who assist the Department as consultants or expert | 18 |
| witnesses in
the investigation or prosecution of alleged | 19 |
| violations of the Act,
licensure matters, restoration | 20 |
| proceedings, or criminal prosecutions, shall
not be liable for | 21 |
| damages in any civil action or proceeding as a result of
such | 22 |
| assistance, except upon proof of actual malice. The attorney | 23 |
| general
shall defend such persons in any such action or | 24 |
| proceeding.
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/23.5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 23.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 30 |
| to practice, or
holds oneself out to practice as an architect | 31 |
| without being licensed under this
Act shall, in
addition to any | 32 |
| other penalty provided by law, pay a civil penalty to the
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| Department in an amount not to exceed $5,000 for each offense | 34 |
| as determined by
the Department. The civil penalty shall be | 35 |
| assessed by the Department after a
hearing is held in |
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| accordance with the provisions set forth in this Act
regarding | 2 |
| the provision of a hearing for the discipline of a licensee.
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| (a-5) Any entity that advertises architecture services in a | 4 |
| telecommunications directory must include its architecture | 5 |
| firm registration number or, in the case of a sole proprietor, | 6 |
| his or her individual license number. Nothing in this | 7 |
| subsection (a-5) requires the publisher of a | 8 |
| telecommunications directory to investigate or verify the | 9 |
| accuracy of the registration or license number provided by the | 10 |
| advertiser of architecture services.
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| (b) The Department has the authority and power to | 12 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 14 |
| the effective date
of the order imposing the civil penalty. The | 15 |
| order shall constitute a judgment
and may be filed and | 16 |
| execution had thereon in the same manner as any judgment
from | 17 |
| any court of record.
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| (Source: P.A. 89-474, eff. 6-18-96.)
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| Section 99. Effective date. This Act takes effect July 1, | 20 |
| 2005.
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